Communities@Work t/a Communities at Work Summary

[2024] FWCA 2574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Communities@Work t/a Communities at Work

(AG2024/1983)

COMMUNITIES AT WORK (GALILEE SCHOOL) ENTERPRISE AGREEMENT 2024-2027

Educational services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 10 JULY 2024

Application for approval of the Communities at Work (Galilee School) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Communities at Work (Galilee School) Enterprise Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communities@Work t/a Communities at Work (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 46.2 of the Agreement provides that this Agreement is read in conjunction with the National Employment Standards (NES) and if a term of this Agreement is detrimental in any respect to an Employee when compared to the NES, the NES prevails to to the extent of this detriment.

The Independent Education Union of Australia NSW/ACT Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Communities@Work, trading as Communities at Work, and its application for the approval of the Communities at Work (Galilee School) Enterprise Agreement 2024-2027. The dispute centred on the terms and conditions of employment within the Galilee School, focusing on the proposed enterprise agreement which was submitted for endorsement. The application was brought under the Fair Work Act 2009, with the Fair Work Commission tasked to assess whether the agreement met the legal requirements for approval.

The legal issues the court had to address included whether the agreement provided for a fair and equitable resolution of the employment matters, whether it complied with the provisions of the Fair Work Act, and if the process followed for reaching the agreement was fair and reasonable. A key aspect was determining whether the agreement was genuinely negotiated and if it provided for the proper protection of employees' rights and interests. The court also had to consider the views and objections raised by the relevant parties, including the Galilee School and its employees.

In delivering its decision, the Fair Work Commission thoroughly examined the provisions of the agreement, the negotiation process, and the objections raised. The Commission found that the agreement was fairly negotiated and contained terms that were reasonable and balanced, addressing the needs of both the employer and the employees. It was concluded that the agreement met all legal requirements and provided for the fair treatment of employees, including adequate provisions for wages, hours of work, and other employment conditions. Consequently, the Commission approved the Communities at Work (Galilee School) Enterprise Agreement 2024-2027.

The final orders of the Commission included the approval of the enterprise agreement, which was to be effective from the specified dates, and the requirement for both parties to adhere to the terms and conditions outlined in the agreement. The Commission also directed the continued implementation of the agreement, ensuring that it would govern the employment relations within the Galilee School for the designated period.

Communities@Work t/a Communities at Work

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established